24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

NY Penal Law § 160.15: Robbery in the First Degree

If you are accused of a robbery offense, that means you have been accused of more than just stealing.  To be accused of robbery means you also used force or the threat of violence to accomplish the theft. Because of the added element of force or violence, law enforcement classifies robbery as a particularly serious crime. Among the three degrees of the crime of robbery, robbery in the first degree is the most heinous.  You will face this charge pursuant to New York Penal Code § 160.15 if you steal from someone while you are armed with a deadly weapon, you use a dangerous instrument, you cause the victim or another person to sustain a serious physical injury, or you display a gun or firearm. New York Penal Code § 10.00(12) delineates a “deadly weapon” as any loaded weapon such as a gun, or other weapons, including but not limited to: 

  1. switchblade knife, 
  2. gravity knife, 
  3. pilum or ballistic knife, 
  4. metal knuckle knife, 
  5. dagger, 
  6. billy knife, 
  7. blackjack knife, 
  8. plastic knuckles, or 
  9. metal/brass knuckles. 

New York Penal Code § 10.00(13) defines a “dangerous instrument” as any instrument, article or substance that can be used to cause death or serious physical injury to another person. Whether or not an item is considered to be a dangerous instrument under the statute is not actually dependent upon what the object is.  Rather, this determination is based on how the defendant used the object during the commission of the crime.

An Example

Logan walked up to Simone where she was standing near the front entrance of an apartment building.  He demanded that she give him all of her money. Because Simone did not immediately comply, Logan—with his hand concealed inside his jacket pocket—said to Simone, “Run your wallet right now or I’m gonna shoot you.” Simone noticed a bulky object in Logan’s pocket that, on the basis of its shape, she believed to be a gun. Frightened, Simone opened her wallet and gave Logan her last $62. Satisfied, Logan then fled the scene. In this scenario, Logan could face prosecution for robbery in the first degree. The fact that he did not display a weapon notwithstanding, the charge is valid because he led Simone to believe that he had a gun in his pocket.

Offenses that are Related

Burglary in the first degree: New York Penal Code § 140.30

Criminal possession of stolen goods in the first degree: New York Penal Code § 165.54

Robbery in the third degree: New York Penal Code § 160.05

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Robbery in the second degree: New York Penal Code § 160.10

Possible Defenses

A possible defense against a robbery in the first degree charge is that you never displayed a deadly weapon or dangerous instrument. The statute carries very detailed definitions for the terms “deadly weapon” and “dangerous instrument”. If, in a possible scenario, you threatened the victim by wielding a non-serrated, dull-edged knife or some other relatively innocuous utility knife, then the prosecutor may have a tough time convincing the court that the weapon was dangerous or deadly. On the other hand, if you lead the victim to believe that you do have a deadly weapon then, even if you do not, you still could be successfully prosecuted on this charge.

Sentence

Because robbery in the first degree is categorized as a class B felony, the maximum prison sentence is 25 years. That said, the judge will make a final determination on your sentence based on factors such as your prior criminal history and aggravating or mitigating aspects of the robbery. If you don’t have any prior convictions, the judge will still be required to sentence you to at least 5 years in prison.  This is because robbery in the first degree is also classified as a violent felony. Should you be classified as a non-violent predicate offender, the court will be obligated to sentence you to at least 8 years.  On the other hand, if you are classified as a violent predicate offender, you will be sentenced to a minimum of 10 years in prison.

Schedule Your Consultation Now